On 11 October 2022, the Peruvian Tax Administration (SUNAT) published second version of the list of high-risk tax planning schemes regarding the General Anti-Avoidance Rule (GAAR). The updated list contains the following thirteen tax planning schemes:
- Deduction of royalties for assignment in brand use;
- Disposal of a Peruvian company through an autonomous estate;
- Redomicile of a company and use of Double Tax Agreement (DTA);
- Transfer of trademarks and capitalization of credits;
- Management contract;
- Concession assignment contract of an extractive industry with hidden payments in a resolved sale of shares;
- Sale and subsequent repurchase of the vehicle under the guise of annulment of said sale;
- Direct disposal of shares of a Peruvian company concealed by a capital contribution and subsequent reduction of this;
- Transfer of benefits to preferential tax regime;
- Loan with the appearance of a financial lease;
- Intermediation in the sale of minerals through a company without economic substance;
- Indirect distribution of income from a non-profit entity under the guise of payments to a foreign supplier; and
- Transfers of real estate to the shareholder and its subsequent lease by the latter to the same company.
